Cases
Chapter 2: Cases
These rules apply to Australian cases. To cite foreign or international cases, See Part IV: International Materials; See part V: Foreign Domestic Materials
Case names, See 2.1
- Place the case name in italics
- Where the parties in a case name are individuals, only include the person's surname
- Only the first plaintiff and defendant should be cited (do not include '& Anor' or '& Ors')
Omitting the case name, See 2.1.15
- The case name should be left out of a footnote citation if it appears in full in the sentence accompanying the footnote
- In subsequent references the case name (or short title) should always appear in the footnote, See 1.4
Law report series, See 2.2.2
- A reported version of a case should always be cited over an unreported version
-
Always use the authorised report where available (judgments reproduced in an authorised report have been approved by a judge or their associate)
Parallel citations, See 2.2.7
- Do not include parallel citations to a case. The most authoritative version available should be consulted and cited.
Pinpoint references, See 2.2.5
- Always pinpoint to page numbers for reported cases
- If a reported case has both pages and paragraph numbers, always pinpoint to the pages. Paragraphs may be included in addition
- For unreported cases using a medium neutral citation, pinpoints will be to paragraphs
Identifying judicial officers and counsel, See 2.4
- The judicial officer/s whose judgment is being cited should be identified in brackets after the pinpoint reference (if not already apparent).
-
See page 59 for a table of abbreviations of judicial officers in Australia
Submissions in cases, See 2.8
- Where a party name is an individual it should appear in full (not just the surname)
- Title of submission and proceeding number should only be included if they appear in the submission
Cases format and examples
See 2–2.2
- Round brackets are used around the year for law reports organised by volume number
- Square brackets are used around the year for law reports organised by year (if more than one volume is produced in a year, include the volume number in the citation)
- The starting page of a case always forms part of the citation and is separate from the pinpoint
- If a case uses a unique reference number in place of a starting page, use that number (including any symbols. CCH cases often use these numbers and the symbol: ¶)
- When referring to a case generally, or in its entirety, pinpoints are not necessary
Reported case organised by volume
Reported case organised by year
Examples
R v Schelvis (2016) 263 A Crim R 1. [case organised by volume]
Waddy v Rabba [1982] Qd R 20. [case organised by year]
R v Visconti [1982] 2 NSWLR 104. [case organised by year where report has more than one volume per year]
Pinpoint examples
Brown v Tasmania (2017) 261 CLR 328. [no pinpoint]
Brown v Tasmania (2017) 261 CLR 328, 335. [pinpointing to a page]
Brown v Tasmania (2017) 261 CLR 328, 328. [pinpointing to the first page]
Brown v Tasmania (2017) 261 CLR 328, 335–8. [pinpointing to a span of pages, 335 through to 338]
Brown v Tasmania (2017) 261 CLR 328, 335–42. [pinpointing to a span of pages, 335 through to 342]
Brown v Tasmania (2017) 261 CLR 328, 335, 338. [pinpointing to pages 335 and 338, but not 336 or 337]
Brown v Tasmania (2017) 261 CLR 328, 345 [25]. [pinpointing to a page and paragraph]
Brown v Tasmania (2017) 261 CLR 328, 345 [25]–[28]. [pinpointing to a span of paragraphs on a single page]
Brown v Tasmania (2017) 261 CLR 328, 345–6 [25]–[32]. [pinpointing to a span of paragraphs over a span of pages]
Brown v Tasmania (2017) 261 CLR 328, 345 [25], 346 [32]. [pinpointing to 2 paragraphs on two different pages]
Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (2017) AIPC ¶92-533. [CCH case using a unique reference number in place of starting page, no pinpoint]
Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (2017) AIPC ¶92-533, 38291. [CCH case with pinpoint]
See 2.3
- In accordance with rule 2.2.2, a case should not be cited as unreported if it has been reported
Decisions with a medium neutral citation, See 2.3.1
Decisions without a medium neutral citation, See 2.3.2
- Unreported cases without a medium neutral citation allocated by the court should follow the form below:
Examples
Palmer v Ayres [2017] HCA 5. [decision with a medium neutral citation]
Ross v Chambers (Supreme Court of the Northern Territory, Kriewaldt J, 5 April 1956). [decision without a medium neutral citation]
Pinpoint examples
Blundell v Queensland Building and Construction Commission [2018] QSC 58. [no pinpoint]
Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20]. [pinpoint]
Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20]–[23]. [pinpointing to a span of paragraphs]
Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20], [23]. [pinpointing to paragraphs 20 and 23, but not 21 or 22]
See 2.6.1
Administrative decisions and determinations (including those of tribunals) should be cited in the same way as reported or unreported cases, with a few exceptions, including:
- Party names may be separated by either 'v' or 'and' – use whichever is used in the decision itself
- In the case name, a number or code is sometimes used in place of party names
Reported
Unreported
Examples
AAT Case 7422 (1991) 22 ATR 3450.
Re Nguyen and Migration Agents Registration Authority [2012] AATA 925.
Refer to Reported cases and Unreported cases for pinpoint examples.